89R2753 MM-D
By: Menéndez S.B. No. 752
A BILL TO BE ENTITLED
AN ACT
relating to measures to ensure the safety of individuals with
disabilities during an emergency situation at public postsecondary
institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.217(b), Education Code, is amended to
read as follows:
(b) An institution shall adopt and implement a multihazard
emergency operations plan for use at the institution. The plan must
address mitigation, preparedness, response, and recovery. The plan
must provide for:
(1) employee training in responding to an emergency;
(2) mandatory drills to prepare students, faculty, and
employees for responding to an emergency;
(3) measures to ensure coordination with the
Department of State Health Services, local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency; [and]
(4) the implementation of a safety and security audit
as required by Subsection (c); and
(5) measures for ensuring that, during an emergency
situation, students, institution personnel, and guests with
disabilities are provided equal access to safety based on the rules
adopted by the Texas Higher Education Coordinating Board under
Section 61.06643, including the development of an emergency plan
that will accommodate individuals with different disabilities and
provide them with access to emergency evacuation assistance devices
in appropriate circumstances.
SECTION 2. Subchapter E, Chapter 51, Education Code, is
amended by adding Section 51.222 to read as follows:
Sec. 51.222. EMERGENCY EVACUATION ASSISTANCE DEVICES
REQUIRED. (a) In this section, "institution of higher education"
has the meaning assigned by Section 61.003.
(b) For each building that is located on the campus of an
institution of higher education and that has two or more floors, the
institution shall install on each floor emergency evacuation
assistance devices for use by individuals with disabilities who
require mobility assistance.
(c) An institution may use any available revenue, including
grants under Section 61.06644 and legislative appropriations, and
may solicit and accept gifts, grants, and donations from any public
or private source for the purposes of this section.
SECTION 3. Subchapter C, Chapter 61, Education Code, is
amended by adding Sections 61.06643 and 61.06644 to read as
follows:
Sec. 61.06643. RULES REGARDING MULTIHAZARD EMERGENCY
OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES. (a)
The board shall adopt rules for the required provisions in an
institution's multihazard emergency operations plan under Section
51.217(b)(5) to ensure the safety of students, institution
personnel, and guests with disabilities during an emergency
situation.
(b) In adopting rules under Subsection (a), the board shall
consult with:
(1) the advisory council on postsecondary education
for persons with intellectual and developmental disabilities
established under Section 61.06641;
(2) the Governor's Committee on People with
Disabilities; and
(3) the Texas Council for Developmental Disabilities.
(c) An institution must follow the rules adopted by the
board under Subsection (a) in adopting and implementing the
institution's multihazard emergency operations plan under Section
51.217.
Sec. 61.06644. EMERGENCY EVACUATION ASSISTANCE DEVICES FOR
INDIVIDUALS WITH DISABILITIES GRANT PROGRAM. (a) The board shall
establish and administer the emergency evacuation assistance
devices for individuals with disabilities grant program to provide
grants to institutions of higher education to enable those
institutions to purchase and install, and to train institution
personnel to operate, any emergency evacuation assistance devices
required under Section 51.222.
(b) In awarding grants under this section, the board shall
give priority to institutions that demonstrate the highest need
based on the number of students on the institution's campus who
would require an emergency evacuation assistance device in an
emergency situation.
(c) A grant provided under this section:
(1) must be used for purchasing and installing any
emergency evacuation assistance devices required under Section
51.222; and
(2) may be used to provide any training that is
necessary for institution personnel to:
(A) administer the institution's evacuation plan
with respect to the devices; or
(B) assist other individuals in operating the
devices.
(d) The board may solicit and accept gifts, grants, and
donations from any public or private source for purposes of this
section.
(e) The board shall adopt rules for the administration of
this section, including rules creating a process for institutions
of higher education to apply for grants, establishing procedures
and criteria for evaluating those applications and awarding the
grants, and verifying that grant funds awarded under this section
are used appropriately.
SECTION 4. As soon as practicable after the effective date
of this Act but not later than May 1, 2026, the Texas Higher
Education Coordinating Board shall adopt the rules required by
Sections 61.06643 and 61.06644, Education Code, as added by this
Act.
SECTION 5. Section 51.222, Education Code, as added by this
Act, applies beginning with the 2026-2027 academic year.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.